Today, the Department of Labor published a final rule in the Federal
Register regarding the labor certification process under the H-2A
Temporary Agricultural Worker program. The goal of this final rule is
to strengthen protections for both U.S. and foreign workers and to
ensure the integrity of the H-2A visa program. This new rule takes
effect March 15, 2010.
“This new rule will make it possible for all workers who are working
hard on American soil to receive fair pay while at the same time expand
opportunities for U.S. workers,” said Hilda L. Solis, U.S. Secretary of
Labor. “The actions that we have taken through this rulemaking also
will enable us to detect and remedy different forms of worker
violations.”
This final rule will ensure that U.S. workers engaged in the same
occupation and for the same employer as a foreign H-2A worker should
not receive a lesser wage than the foreign worker, regardless of the
date of hire, according to the Department of Labor. Additionally, it
will create a national electronic job registry where job orders will be
posted through half of the relevant H-2A contract period. Finally, the
final rule creates new safety measures to ensure that employers do not
shift recruitment fees, visa fees, border crossing fees and other fees
required by the U.S. government to the H-2A worker.
